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STATE v. SCHULTZ

No. 12751.

501 P.2d 106 (1972)

28 Utah 2d 240

STATE of Utah, Plaintiff and Respondent, v. Byron SCHULTZ, Defendant and Appellant.

Supreme Court of Utah.

September 20, 1972.

Attorney(s) appearing for the Case

Richard W. Campbell, Ogden, for defendant and appellant.

Vernon B. Romney, Atty. Gen., David S. Young, William T. Evans, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

TUCKETT, Justice:

The facts we are concerned with in this case are found in the former opinion of the court.1 We granted a rehearing for the purpose of giving further consideration to the claim of defendant that the issue of his agency should have been submitted to the jury.

The defendant having been charged with the selling of a narcotic drug rather than being in possession of the same raises an issue under the facts of this case...

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